Ohio Recent Legal Answers from Lawyers

You can file to adopt in your county's probate court. So long as the mother consents, and the biological father does not oppose, the court will likely grant the adoption.   As an alternative, you may want to just seek guardianship. It is easier to unwind a guardianship than an adoption and it gives most if not all of the same powers.... Read More

Hi, sorry to hear of your troubles. Yes you can certainly hire a new attorney. I would call the Bar Association in your state and tell them what your situation is.               Scott F. Bocchio, Esq. 855-254-7841              ... Read More

It's going to depend whether 1) you had an "as is" clause in your contract, 2) whether you had a home inspection as part of your purchase agreement and 3) whether the crack was something a home inspector could have found. If there was an "as is" clause, you cannot recover for simple non disclosure, there has to be actual fraud. If you had a home inspection, and they should have found it, then you can't recover. The only way you could recover is if you had a home inspection and the inspector COULDN'T have discovered it with an ordinary inspection.   The biggest issue, however, is whether the seller is collectible. If they don't have enough money to compensate you, then this is a moot issue.... Read More

By "according to probate" do you mean "according to her Will"? Regardless, the only instance in which you need not open an estate in the local probate court is when someone has only left personal possessions of de minimis value (no action) or those and a house without a mortgage (Affidavit of Heirship -- which the courts will not enforce for five years to let any "accidentally" omitted heir object).  You cannot simply take over the mortgage payments and claim the house for yourself or anyone else.  The lender extended the loan based on your grandmother's credit, not yours.... Read More

I would argue that he has abandoned the property.  He clearly hasn't cared about it for months, and now wants it back. The question is do you really care?   Have you tried to relet the premises? Does he owe you rent? Please let me know if you would like to discuss. Best, Stephen H. Jett 440-821-8515 sjett@jett.law www.jett.law... Read More

Yes, you have rights. As you and I discussed by phone, I stand ready to assist you. I think we can put a stop to this quickly through a letter to the landlord, advising her of her breach of the lease (right of quiet enjoyment) by harrssing you. Once again, please let me know if you would like me to assit you with this. Best, Stephen H. Jett 440-821-8515 sjett@jett.law... Read More

The assets of the trust are the assets of the trust.  They do not belong to any individual.  The trust instrument determines how they are to be distributed by the trustee on your mother's death.  If you are a beneficiary, you are likely entitled to an accounting.  If not, not.  If you are a beneficiary, you cannot demand a distribution.  The trustee must follow the directions in the trust instrument.... Read More

You can sue her for defamation and seek damages as well as an injunciton preventing her from making any future false accusations.  Defamation cases are difficult to win, but suing her may bring er to recognize that she can face serious consequences for any repeat wrongdoing.  Perhaps as in interim measure before you go to the expense and hassle of starting a lawsuit, you could have an attorney write her a letter warning her that she will be sued if she doesn't stop.  If you do decide not to file a lawsuit now, you should know that defamation has a short stature of limitations,  I don't know what it is in Ohio but, for example, in NY you would be barred if you tried to sue more than a year after the defamation.)... Read More

Report online to Adult Protective Services.  The caseworker may be willing and able to confront her -- or not. Hire an elder lawyer to send her a demand letter.  In Texas abusing, defrauding or exploiting an elder is a first degree felony. Neither of these may work.  Then hire a lawyer to file a Motion for a Temporary Restraining Order.   Whatever you do, get her off your bank account.  If she or your son is your agent under a Durable Power of Attorney, revoke it, grant a new one to someone else and record the revocation and the new Durable Power of Attorney in the county deed records and send them a copy. It can be hard to face the fact that there is a thief in the family.  But it is all too common.    ... Read More

You need to gather all relevant information (such as emails, texts, and other documents) that proves that you did not do anything wrong and that the allegations are false and present it in a persuasive manner to defend yourself.  Your efforts might not prevent your termination, but it makes sense to make your best effort to defend yourself.  Hiring an attorney at the attorney's hourly rate or for a flat rate is something you should consider doing.  If interested in discussing further, feel free to contact my office at 440-543-0670 ext. 8.  ... Read More